Group files class action lawsuit against Lindsey Properties

Plaintiffs claim apartments unlivable

40/29 has learned a suit has been filed against Fayetteville-based Lindsey Properties, saying some of its apartments were unlivable. The plaintiffs filed suit under the unconscionable trade practices statute.

Some residents said they were kicked out for complaining about conditions that they described as disgusting.

Reporter Ben Wagner said a court document lays out the allegations made by four people who used to live at a Lindsey property. They allege that there was no plumbing, filthy furniture and bug infestations.

The attorney for one of the plaintiffs who lived at Vantage Point Apartments said all of the people in the case were deceived. Pictures taken in one of the plaintiff's apartments show cracked countertops and rotting walls. The plaintiff's attorney said it's just one of several examples of deceptive advertising that sparked the lawsuit.

"I'm thinking hundreds to maybe even a thousand plaintiffs," said lawyer Mickey Stevens. "We can go back five years, and Lindsey has a lot of properties in Arkansas."

There are currently only four who allege they were sold on nice apartments and then given damaged units. Kitty Smith is one of the people who lived at Vantage Point Apartments in Springdale and claims her place had a broken water heater. The court document said she complained to Lindsey Properties, but it was not fixed.

"She felt like she'd been pretty happy there, but was not happy with the new management," Stevens said.

Court documents also cite more than 80 complaints made against the property group to the Better Business Bureau.

Lindsey Properties said none of the claims are true. In a statement, Lindsey's attorney wrote, “Plaintiff’s lawsuit and his recently issued press release have no merit. We will continue to defend the suit vigorously.”

Lindsey Properties recently tried to push the case into federal court. The plaintiff's attorney hopes to keep the case in state court.

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